CARMEL MARY FITZPATRICK

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The Full Bench of the Supreme Court of Western Australia acted on a State Administrative Tribunal report finding Ms Fitzpatrick guilty of professional misconduct across six matters, including repeated neglect of clients, misleading two clients, failing to respond to LPCC notices, failing to properly prepare a criminal trial, and misappropriating $3,200 of a client's costs money. The Court noted the Tribunal expressly found she engaged in misleading and dishonest conduct. Despite her mental health issues, no evidence established these no longer existed and no suitable conditions could protect the public, so the Court ordered her name removed from the Roll. No order as to costs was made as the LPCC did not seek costs.

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• No baseless or threatened misconduct report

Aggravating factors:

• Repeated and sustained neglect of clients over period October 2006 to September 2008
• Conduct undermined trust of clients, practitioners and courts
• Attempts to conceal neglect through misleading/dishonest conduct
• Misappropriation of client funds
• Failure to participate in Tribunal proceedings and to explain conduct
• No evidence that underlying cause (mental health issues) no longer existed; ongoing risk to public

Mitigating factors:

• Conduct occurred against background of severe depression and anxiety
• Practitioner sought psychiatric help and ceased practice
• Remained under psychiatric care and undertook therapy
• Submission that she was previously a person of integrity